Residency Information

• Physical Presence
• Intent
• Waiting Period
• Burden of Proof
• Non-Resident
• Residency Reclassification
• Residency Reclassification Petition
• Right to Appeal
• Incorrectly Classified as a California Resident
• Falsification of Residency Information
• Limitation of Residency Regulations
• California Nonresident Tuition Exemption (AB 540 Law)

Under California State Education Code regulations that govern the California Community Colleges, classification as a California resident requires that a person be physically present in this state for two years prior to the beginning of the term for which he/she is applying. One year of physical presence may be acceptable if documentation of intent to reside can be provided.

Residency classification shall be determined for each student at the time of admissions and whenever a student has not been in attendance for more than one semester. Evidence may be required to prove physical presence in California and intent to make California the permanent home.

a) Persons capable of establishing residence in California must be physically present in California for two years or one year if they have supporting evidence of a declaration of intent that is dated one year prior to the residence determination date to be classified as a resident student.

b) Physical presence within the state solely for educational purposes does not constitute establishing California residence regardless of the length of that presence.

Intent Back to the Top of Page

Intent to establish California residence may be manifested in many ways. A minimum of two documents is required to verify both the intent to reside in California and your continuous physical presence in California for one year. Documents submitted must include the name of the student and be dated one year prior to the residency determination date of the semester for which the student is applying. The residency determination date is the immediately preceding opening day of instruction of any session. The following are acceptable documentation:

• California State income tax return filed as a resident (Form 540) coupled with employment pay stubs
  
• Valid California Motor Vehicle Registration
  
• Valid California Driver's License or California Identification Card
  
• Voter's Registration in California
  
• Rental or Lease Agreements in California
  
• Bank statements from an active bank account in California
  
• Maintaining permanent military address or home of record in California while in the armed forces
  
• Having paid non-resident tuition at an educational institution in another state

Waiting Period Back to the Top of Page

The one-year residence period which a student must meet to be classified as a resident does not begin until the student is both present in California and has manifested clear intent to become a California resident.

Burden of Proof Back to the Top of Page

The burden is on the student to demonstrate clearly physical presence in California, intent to establish California residence, and financial independence.

Exceptions to Residency Requirements

Exceptions to the residency requirements include, but are not limited to the following:

• Active Military personnel stationed in California*
  
• Dependents of active duty military personnel stationed in California*
  
• Certain minors who remained in California when their parents moved*
  
• Self-supporting minors*
  
• Full-time employees of the college or a state agency, or a child or spouse of the full-time employee*
  *Documentation will be required.

Students who are classified as Non-Residents of California shall be assessed non-resident tuition plus the enrollment fee. For specific information concerning fees, please refer to Registration.

Non-Resident Back to the Top of Page

American citizens or permanent residents of the USA who have not resided in California for more than the required period immediately preceding the residence determination date will be subject to the non-resident tuition fee as set forth by the college prior to the start of each academic year.

Non-Immigrant Aliens who are in the USA under a non-immigrant classification such as B, C, D, F, H, J, or M cannot gain a resident status since the law relating to him/her provides that he/she is required to maintain a residence in another country and is only allowed to remain in the USA temporarily.

Aliens with B-1, B-2, F, J, and M status may be admitted to the college as full-time students subject to admission to the College's International Student Program.

Aliens whose non-immigrant status is other than F, J, M should obtain assistance in the Admissions and Records Office, Holt Center, Room 101. A change in non-immigrant status is the responsibility of the student.

If non-citizens are present in the USA illegally or with any type of temporary visa, they will be classified as non-residents and charged the non-resident tuition. The District will admit any non-citizen who is at least 18 years of age or possesses a high school diploma or equivalent.

If, for at least one year and one day prior to the start of the semester in question, a non-citizen has possessed any immigration status that allows him/her to live permanently in the USA and he/she meets the California residency requirements, the student can be classified as a resident.

Reclassification Back to the Top of Page

A student previously classified as a non-resident may be reclassified as of any residence determination date.

Petition for Reclassification Back to the Top of Page

Residency Reclassification Petitions are available in the Admissions and Records Office, Holt Center, Room 101. Adobe Acrobat is required to view this petition online. Click to download Adobe Acrobat Reader.

According to Board Policy, a student must file a Residency Reclassification Petition prior to the semester for which reclassification is be effective. Students must file the Residency Reclassification Petition prior to the opening day of the semester for which reclassification is be effective to request a review of their residency status. Residency Reclassification Petitions may be filed through the third week of the given semester to request a review of residency status if extenuating circumstances exist which prohibited the student from filing the petition prior to the residency determination date.

Financial independence of a student classified as a nonresident seeking classification as a resident shall be included among the factors to be considered in the determination of residency. The Financial Dependency section of the Residency Reclassification Petition determines financial independence and must be completed for reclassification. Determination of financial independence is not required for students who were classified as non-residents by the University of California, the California State University, or another community college district (Education Code 68044).

A student shall be considered financially independent for purposes of residence reclassification if the application meets all of the following requirements:

• Has not and will not be claimed as an exemption for state and federal tax purposes by his or her parent in the calendar year the reclassification application is made and in any of the three calendar years prior to reclassification application, and
• Has not received more than seven hundred fifty dollars ($750) per year in financial assistance from his or her parent in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application, and
• Has not lived and will not live for more than six weeks in the home of his or her parent during the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application

A student who has established financial independence may be reclassified as a resident if the student has met the requirements of Title 5, Sections 54020, 54022, and 54024.

Failure to satisfy all of the financial independence criteria listed above does not necessarily result in denial of residence status if the one year requirement is met and demonstration of intent is sufficiently strong.

The Registrar will make a determination, based on the evidence submitted. The student will be notified by mail of the reclassification status within 14 calendar days of receipt of the petition.

The initial residency classification will be made at the time the student applies for admission. Students may file the Residency Reclassification Petition prior to the opening day of the semester for which reclassification is be effective to request a review of their residency status. The Registrar makes the final residency determination. Students may appeal the decision.

Right to Appeal Back to the Top of Page

Students who have been classified as non-residents have the right to a review of their classification. Following the final determination of residence classification by the Registrar, the student may submit a written appeal to the Vice President of Student Services within 30 calendar days of notification of the final decision by the college regarding classification.

The appeal is submitted in the Admissions and Records Office to the Registrar. The Registrar will forward the request to the Vice President of Student Services within five working days of receipt of the appeal. The Vice President of Student Services shall review all the records and has the right to request for additional information from the student or the Admissions and Records Office.

Within 30 calendar days of receipt, the Vice President of Student Services shall send a written determination to the student. The determination shall state specific facts upon which the appeal decision was made.

Incorrectly Classified as a California Resident Back to the Top of Page

A student incorrectly classified as a California resident is subject to reclassification as a non-resident and payment of all non-resident tuition. If incorrect classification results from false or misleading facts, a student may be excluded from classes or the college upon notification.

Falsification of Residency Information Back to the Top of Page

Providing false information necessary for establishment of residency classification will result in disciplinary action and may result in dismissal from San Joaquin Delta College.

Limitation of Residency Regulations Back to the Top of Page

Students are cautioned that this summary of regulations regarding residency determination is by no means a complete explanation of their meaning or content.